Legal Opinion

Board of Commissioners v. Board of Commissioners

Supreme Court of Kansas

Decided July 15, 1889PublishedCited by 1 opinion

Original Proceeding in Mandamus. Proceeding brought by the authorities of Hodgeman county to compel the board of county commissioners of Garfield county to levy certain taxes on territory which is now a part of Garfield county, but which was formerly included within the boundaries of Hodgeman county, for the purpose of paying the interest on and providing a sinking fund for certain bonded indebtedness of Hodgeman county.

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Original Proceeding in Mandamus. Proceeding brought by the authorities of Hodgeman county to compel the board of county commissioners of Garfield county to levy certain taxes on territory which is now a part of Garfield county, but which was formerly included within the boundaries of Hodgeman county, for the purpose of paying the interest on and providing a sinking fund for certain bonded indebtedness of Hodgeman county. The cause was submitted on an agreed statement of facts, which is as follows: “It is hereby stipulated and agreed by and between the parties hereto, that the following facts…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

Two classes obligations or bonds are involved in this proceeding: one class is termed “re-funding bonds,” and the other “court-house bonds.” Both of these were issued and negotiated before the territory which is sought to be subjected to taxation for the payment of the bonds was detached from Hodgeman county and made a part of Garfield county. The re-funding bonds were issued by the board of county commissioners of Hodgeman county in pursuance of chapter 50 of the Laws of 1879, without a vote of the people, and their validity as a charge…

2Cases cited1 opinion

  1. State ex rel. Robb v. Board of CommissionersSupreme Court of Kansas · 1889

3Cited by1 opinion

  1. Garfield Township v. Samuel Dodsworth Book Co.Court of Appeals of Kansas · 1899

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